Dismissed¶¶24

Dhan Talukdar and Anr. v. the State of Assam

Gauhati HC4 Jan 2026Bail Appln./3423/2025

Case brief

AI extract

What is this about?

Gauhati High Court; Bail Appln./3423/2025; bail application rejected; Section 483 Bharatiya Nagarik Suraksha Sanhita 2023; Section 302 Indian Penal Code; murder trial; Session Case No. 06/2025; District and Sessions Judge, Goalpara; judicial custody 1 year 7 months; 13 witnesses examined, official witnesses pending; petitioners Dhan Talukdar and Bahar Ali; respondent State of Assam; Parthivjyoti Saikia, J.; order dated 05.01.2026; bail refused at this stage.

What did the court decide?

After going through the evidence of the prosecution witnesses, the Court is of the opinion that at this stage the petitioners do not deserve to be released on bail. ¶¶23

Dhan Talukdar and Anr. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2026)

Page No.# 1/2

GAHC010231242025

2026:GAU-AS:29

THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./3423/2025

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DHAN TALUKDAR AND ANR S/O HARI DAS TALUKDAR. R/O- VILL -TANGABARI P.S- DUDHNOI, DIST- GOALPARA , ASSAM

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2: BAHAR ALI S/O- RAMJAN ALI. R/O- VILL- TANGABARI P.S- DUDHNOI DIST- GOALPARA ASSA

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM

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Advocate for the Petitioner : MR. D GOGOI, MR S BORTHAKUR Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 05.01.2026

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1. Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam.

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2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Session Case No.06/2025, pending in the Court

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of the learned District and Sessions Judge, Goalpara.

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3. The petitioners are facing trial under Section 302 of the Indian Penal Code, as many as 13 (thirteen) numbers of witnesses have already been examined and the Official witnesses are yet to be examined.

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4. I have gone through the scanned copy of the Trial Court record and I have also gone through the evidences that have already been recorded by the Trial Court.

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5. Learned counsel for the petitioners has submitted that the petitioners have spent 1 year and 7 months in Judicial Custody and there is no necessity of their further detention.

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6. I have considered the submissions made by learned counsel for both the sides.

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7. After going through the evidence of the prosecution witnesses, this Court is of the opinion that at this stage the petitioners do not deserve to be released on bail.

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8. Therefore, the bail application filed by the petitioners Dhan Talukdar and Bahar Ali is rejected and disposed of accordingly.

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JUDGE

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Comparing Assistant

Dhan Talukdar and Anr. v. the State of Assam

Case brief

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Dhan Talukdar and Anr. v. the State of Assam

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